Great Aventurei

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Großaventurei (or Großavantur ) was in maritime law a loan agreement between a shipper ( lender ) and a carrier ( borrower ), in which the credit security consisted in the pledging of the still unsold cargo .

General

The word Großaventurei is a loan word ( French large aventure , Italian aventura grossa ). The origin of the word is chance or fate ( Latin aventura ), which Hartmann von Aue first used in Erec (created 1180–1190; " Âventiuren ") and Iwein (around 1200). It was later translated as an adventure or a challenge; the Great Aventurei was a "great adventure". The cargo was not yet at the Großaventurei (as with an export), so that the carrier required advance financing of the purchase price by Großaventurei until the goods were sold at the latest after reaching the discharge point . The supplier therefore granted a supplier credit to Großaventurei .

history

The Romans were already familiar with the sea loan ( Latin pecunia traiectitia ), through which the shipper could finance sea transport and the purchase of goods. The creditor carried the sea ​​hazards , so that he lost his claim when the ship went down . The loan interest rate of 12% clearly exceeded the otherwise legally applicable interest rate of 6%.

The Accomenda existed in the Mediterranean from the 13th century . Giovanni di Bicci de 'Medici developed the Acommenda of Naples , which ended in January 1426 as unprofitable. It began in Genoa in November 1426 . Already in the commercial statutes of Piacenza from 1391 "accomendare" occurs. It was a "(ac) commenda" with several among themselves in a firm standing shareholders .

Later came the large aventurei in Spain ( Spanish gruesa aventura ) and in France ( French prêt a large aventure ). It was obviously taken into account in the Rôles d'Oléron (Art. 468) published after 1286 , according to which the shipowners were not responsible for contracts that a captain had concluded as "gruesa aventura". In Germany, the Großaventurei is evidently first documented in 1727 when the Prussian Maritime Law came into force in December 1727 . However, it was extremely rare here as early as 1861.

After the Bodmerei was abolished in Germany in April 1973, today there is only ship financing in the form of a ship mortgage .

Legal issues

The Großaventurei only concerned the pledging of the ship's cargo , the Bodmerei also related to the ship and its accessories . Therefore, the General Prussian Land Law (APL) of June 1794 stipulated that the Bodmerei was not state-dependent solely on freight (II 8, § 2369 APL). The APL, on the other hand, did not provide for large-scale aventurei. The major aventurei was subject to sea ​​hazards because the lender's credit expired when the ship went down. He could insure himself against this.

In England , too , common law differentiated between credit against pledging of the ship ( English bottomry , German  Bodmerei ) and against pledging of the ship's cargo ( English respondentia bond ). In the case of the “bottomry” the creditor was not exposed to any sea hazard, but with the “respondentia”, so that the latter was comparable to the Great Aventurei.

In France today called Art. 1964 Civil Code by way of example as a random contracts the insurance contract ( French contrat d'assurance ), game and bet ( French jeu et par ) and annuity ( French contrat de pension viagère ). The Bodmerei ( French prêt a large aventure ) was deleted in May 2009.

Demarcation

Carl Günther Ludovici pointed out in 1798 that the Großaventurei differed from the Bodmerei in that the latter made it possible to pledge the ship and its accessories and / or the ship's cargo, while the Großaventurei only concerned the pledging of the ship's cargo.

Individual evidence

  1. ↑ Bibliographisches Institut (Ed.), Meyer's Konversationslexicon , Volume 3, 1874, p. 429
  2. ^ Karl Müllenhoff, Kleinere Schriften: Selbstbiographie, Reden und Abhandlungen , 1864, p. 84
  3. ^ Heinrich Honsell , Roman Law. 5th edition, 2001, p. 120
  4. ↑ Georg Friedrich von Martens, Attempt at a Historical Development of the True Origin of Bill of Exchange Law , 1797, p. 26 FN f)
  5. ↑ Piacenza, stat. mercat., Lib. III, cap. 39, C 76, 77, 144
  6. ^ Friedrich Anton Strackerjan, Handbuch der Handels-Wissenschaft , 1861, p. 181
  7. ↑ Jaime Boy, Diccionario teórico, práctico, histórico y geográfico de comercio , Volume 2, 1840, p. 445
  8. ↑ Gottfried Christian Bohn, Des Wohlerfahrnen Kaufman's writing room , Volume 3, 1727, p. 329 f.
  9. ^ Friedrich Anton Strackerjan, Handbuch der Handels-Wissenschaft , 1861, p. 180
  10. ↑ Carl Günther Ludovici, Encyclopädisches Kaufmannslexicon , Volume 3, 1798, Col. 499 ff.
  11. ^ The Cabinet Lawyer (ed.), Popular digest of the Laws of England , 1847, p. 284
  12. ↑ Carl Günther Ludovici, Encyclopädisches Kaufmannslexicon , Volume 3, 1798, Col. 501